GLOBAL TRADE RELATIONS

 

Stuart S. Malawer, J.D., Ph.D., Distinguished Service Professor of Law and International Trade, George Mason University.

Extraterritorial Legislative Study.
 
 
 The U.S. regulates global trade relations through a large number of laws that impact
 transnational transactions. This economic legislation has extraterritorial impact on
transactions and actors outside of the U.S. Please select one piece of such legislation
and assess it in the context of a particular policy problem. The goal of  the essay is
 to propose a policy suggestion in terms of the specific legislation reviewed. The
 presentation is to identify a specific issue and suggest a policy proposal.  This should be
 within both a U.S. foreign policy and trade policy context as well as from the interest
 of the private sector in fostering competitiveness. The  format of the presentation should
 be the following:    
 

  • Overview.
    • Provide an overview of the problem you are addressing.
  • Legislation.
    • What is the governing statute. Provide a summary of its key provisions.
  • Major Problems.
    • Identify recent actual  experience and identify major problems that under the statute.
  • One Issue.
    • Select one particular issue. [This is the heart of your presentation.]
    • Describe the issue?
    • What are the competing interests involved (national interests and corporate interests)?
    • What do other countries do if relevant?
  • Policy Proposal.
    • Develop and suggest a policy proposal concerning the specific issue you are discussing.
    • This is the added-value of your assessment to the current policy discussion.
    •  Indicate the impact of your proposal on U.S. foreign, trade policies and the private sector.
      • Remember your proposal should flow from your assessment and analysis.
      • Discuss the pros and cons and respond to the cons with counter-arguments.

 

     The Essay should be 10 pages double-spaced with citations at the end of the essay. The citations

 should be kept to a minimum. I am particularly interested in how you craft your arguments and
your proposal  as outlined above. The essay is to be submitted on May 8th (a week after the last day of class) in electronic form as Word attachment to an email. (No hard copies need to be submitted.) I will either return
 the electronic copies to you with my comments as tracked changes in the Word document
 or as an individual email with my comments and grade.

 

     If time premits a 10 minute presentation by each student will be made (or by just a few students, most likely). This requires a clear statement of the issue you're examining and statement of your proposal and its rationale . The purpose of the presentations is to get feedback from the class that you will incorporate into you final essay.  

 

 

Project # 2 -- Legislative Essay & Executive Summary-- Suggested Topics

 

"U.S. ECONOMIC LEGISLATION: EXTRATERRITORIALITY & U.S. GLOBAL COMPETITIVENESS."

 

 

 

U.S. & EU Antitrust-- Comparison & Current Cases.

 

Selected U.S. Antitrust Cases & Foreign Defendants.

Dodd-Frank Legislation & Selected International Aspects.

 

Proposals for Fast Track / Trade Promotion Authority.

 

U.S. Foreign Corrupt Practices Act (SEC & USDOJ).

 

Export Controls (Commercial).

 

Export Controls (Arms & Defense).

 

Export Controls (Cybersecurity -- Offense and Defense)

 

Reexport Controls -- Foreign Policy and National Security. Energy Exports and Trade Sanctions.

 

U.S. Trade Sanctions (General including)

U.S. Trade Sanctions (Financial Sanctions) 

 

U.S. Trade Sanctions (Select a Country).

 

U.S. State Incentives & Promoting Exports & FDI

 

Trade Reorganization Proposals.

 

Proposals for U.S. Export Promotion.

 

Foreign Direct Investment & National Security (CFIUS).

Regulating & Promoting FDI in the U.S.

 

U.S. Legislation & Foreign Corporations.

 

Reform of U.S. International Corporate Taxation (MNC).

 

Reform of U.S. Taxation of U.S. Nationals Abroad.

 

U.S. Corporate Fraud Abroad (Securities Legislation).

 

Bank Secrecy & Tax Havens (FACTA).

 

Corporate Responsibility of U.S. Firms Abroad.

 

The "Alien Tort Statute" & U.S. Corporations Abroad.

 

U.S. Regulation of Sovereign Wealth Funds.

 

U.S. Business Regulation and Global Trade.

 

U.S. Subsidies and Global Trade (Select a sector or industry)

 

Regulating and Prosecuting Global Money Laundering.

Immigration Proposals and  Foreign Investment.

 

Immigration Proposals and Foreign Real Estate Investments.

 

Bilateral Investment Treaties (BIT).  

 

LIBOR & Foreign Exchange Rates (FOREX) -- Bank Rigging

Foreign Investor Suits Against Governments (BIT, NAFTA ...)

 

Reforming U.S. Import Remedies (Select One).

 

IPR Cases & the International Trade Commission.

 

Foreign Sovereign Default and Argentina Default Case.

 

U.S. Courts & International Transactions.

 

Sovereign Immunity and Foreign Expropriations

 

Sovereign Immunity and Foreign Government Transactions.

 

Internationa Arbitration (ICSID ... )

 

Jackson-Vanik Amend., Magnitsky Act & U.S. - Russia Trade.

 

Internet Regulation, Taxation and Global Trade.

 

U.S. Human Rights Legislation and Trade Relations.

 

International Arbitration and Foreign Transactions.

Combating Foreign Commercial Cyber Espionage.  

 

Internet Taxation, Regulation and Global Trade

 

Trade & Cyber